Pare Umbe and Ngants Kopi v MVIT

• Jurisdiction: Papua New Guinea
• Citation: (1997) N1574
• Date: 30 May 1997
• Court: National Court
• Year: 1997

National Court: Injia J

Judgment Delivered: 30 May 1997

1 Practice and procedure—Damages—Claim against Motor Vehicles Insurance (PNG) Trust—In respect of uninsured motor vehicle—Motor vehicle owned by the State or an Authority of the State—Motor vehicle owned by Provincial Government—Whether the Motor Vehicles Insurance (PNG) Trust can be sued—Motor Vehicles (Third Party) Insurance Act (Ch295) s1, s54(1)

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Injia J: The two Plaintiffs' claims arise out of the same motor vehicle accident. As the two claims were tried together, I deliver a joint judgment.

The action is taken against the Defendant under provisions of the Motor Vehicles (Third Party Insurance) Act (Ch295) (hereinafter referred to as the "Act"). The Plaintiffs in their respective Statement of Claim which is endorsed in their respective Writs claim that they sustained injuries in a motor vehicle accident which occurred on 5 November 1992 at about 5.00 pm on the Minj—Minj river bridge road. The Plaintiffs claim they were both passengers seated in the motor vehicle Reg. No. PAA 251 "which was owned by the Engineering Division of the Department of Western Highlands Provincial Government or alternatively the said motor vehicle uninsured with the Defendant" (Statement of Claim, para. 3).

In their defence, the Defendant (the "Trust) denied these claims of the Plaintiffs (para. 3 of Defence). The onus therefore is on the Plaintiffs to prove that the subject motor vehicle was insured or uninsured with the Defendant within the meaning of s54 (1) (a) and (b) of the...